Thiess Services Pty Ltd

[2013] FWCA 592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thiess Services Pty Ltd
(AG2012/13050)

THIESS SERVICES PTY LTD WESTERN REGION (ELECTRICAL DIVISION) ENTERPRISE AGREEMENT 2012

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JANUARY 2013

Application for approval of the Thiess Services Pty Ltd Western Region (Electrical Division) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Services Pty Ltd Western Region (Electrical Division) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Thiess Services Pty Ltd, which applied for approval of its Western Region (Electrical Division) Enterprise Agreement 2012. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary legal standards for approval. The application was brought under the Fair Work Act 2009, which mandates that enterprise agreements be free from prohibited content, genuinely negotiated, and meet other procedural requirements.

The central legal issues before the FWC included whether the agreement contained any content that was prohibited by the Fair Work Act, such as provisions that undermine the right to freedom of association, or whether it was genuinely negotiated between the employer and the employees. Another significant issue was whether the agreement adequately addressed the interests of the employees and complied with all procedural requirements, such as the provision of relevant information to the employees and the opportunity to vote on the agreement.

In its decision, the FWC carefully examined the content of the agreement and found that it did not include any provisions that were contrary to the Fair Work Act. The FWC also determined that the agreement had been genuinely negotiated and that all procedural requirements had been satisfied. The FWC noted that the agreement provided for fair and reasonable terms and conditions for the employees and that it was in the best interests of the employees. Therefore, the FWC approved the agreement.

As a result of the FWC's decision, the Thiess Services Pty Ltd Western Region (Electrical Division) Enterprise Agreement 2012 was approved, and it will now serve as the governing agreement for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established